Cap. 221 sub. leg. J

Live Television Link and Video Recorded Evidence Rules(Cap. 221, section 79D)(Enacting provision omitted—E.R. 3 of 2024)[16 February 1996] L.N. 105 of 1996(Format changes—E.R. 3 of 2024) 1. (Omitted as spent—E.R. 3 of 2024) 2. Interpretation In these Rules, unless the context otherwise requires—officer of the court (法院人員) means the Registrar of the High Court, the Registrar of the District Court or the First Clerk of the magistracy where the proceedings are taking place, as the case may be. (25 of 1998 s. 2) 3. Evidence through live television link where witness is a vulnerable witness or is to be cross-examined after admission of a video recording (1) Any party to a proceeding may apply for leave—(a) for a witness to whom section 79B of the Ordinance applies to give evidence by means of a live television link; or (17 of 2018 s. 5)(b) for a witness, in respect of whom evidence in the form of a video recording has been allowed under section 79C of the Ordinance, to be cross-examined by means of a live television link.(2) Subject to subrule (7), an application shall be made within 28 days after the date of—(a) the committal for trial of the defendant;(b) the consent to the preferment of a bill of indictment in relation to the case;(c) the order of transfer under section 88 of the Magistrates Ordinance (Cap. 227); or(d) the setting down of the case for trial before a magistrate,as the case may be.(3) An application shall be made by giving notice, in the form prescribed in Schedule 1 and within the time provided in subrule (2), to—(a) the officer of the court; and(b) all other parties to the proceedings.(4) A party who receives notice and who wishes to oppose the application shall, within 14 days of receiving notice, notify the applicant and the officer of the court, in writing, of his opposition and give the reasons therefor.(5) An application shall be determined by the court without a hearing, unless the court otherwise directs, and the officer of the court shall notify the parties of the time and place of any such hearing.(6) The officer of the court shall notify all the parties and any person, other than an usher of the court, who is to accompany the witness in giving evidence through a live television link (if known) of the decision of the court in relation to the application and, where leave is granted, the notification shall state, in the case of a witness who is to give evidence on behalf of the prosecutor, the name of the witness, and, if known, the name, occupation and relationship to the witness (if any) of any person who is to accompany the witness.(7) The period specified in subrule (2) may be extended, before or after it expires, on an application made in writing, specifying the grounds of the application, and sent to—(a) the officer of the court; and(b) all other parties to the proceedings,and the officer of the court shall notify all the parties of the decision of the court.(8) An application for extension of time under subrule (7) shall be determined by the court without a hearing unless the court otherwise directs.(9) A witness giving evidence through a live television link shall be accompanied by a person acceptable to the court and, unless the court otherwise directs, by no other person. 4. Video recordings of testimony from vulnerable witnesses (1) Any party to a proceeding may apply for leave under section 79C of the Ordinance to tender in evidence a video recording of the testimony of a witness to whom that section applies.(2) Subject to subrule (9), an application shall be made within 28 days after the date of—(a) the committal for trial of the defendant;(b) the consent to the preferment of a bill of indictment in relation to the case;(c) the order of transfer under section 88 of the Magistrates Ordinance (Cap. 227); or(d) the setting down of the case for trial before a magistrate,as the case may be.(3) An application shall be made by giving notice in the form prescribed in Schedule 2 and within the time provided in subrule (2), to—(a) the officer of the court; and(b) all other parties to the proceedings,and the notice shall be accompanied by the video recording which is proposed to be tendered in evidence and shall include—(i) the name of the defendant and the offence or offences charged;(ii) the name and date of birth of the witness in respect of whom the application is made;(iii) the date on which the video recording was made;(iv) a statement that, in the opinion of the applicant, the witness is willing and able to attend the trial for cross-examination;(v) a statement of the circumstances in which the video recording was made which complies with subrule (5);(vi) the date on which the video recording was disclosed to the other party or parties.(4) Where it is proposed to tender part only of a video recording of an interview with the witness, an application under this rule must specify that part and be accompanied by—(a) a video of the entire interview, including those parts which it is not proposed to tender in evidence; and(b) a statement of the circumstances in which the video recording of the entire interview was made which complies with subrule (5).(5) The statement of the circumstances in which the video recording was made shall, unless it is contained in the recording itself, include the following information—(a) the times at which the recording commenced and finished, including details of any interruptions;(b) the location at which the recording was made and the purposes for which the premises are normally used;(c) the name, age and occupation of any person present at any point during the recording, the time for which he was present and his relationship (if any) to the witness or the defendant;(d) a description of the equipment used including—(i) the number of cameras used;(ii) whether the cameras were fixed or mobile;(iii) the number and location of microphones;(iv) the video format used; and(v) whether there were single or multiple recording facilities;(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.(6) A party who receives a copy of a notice under this rule shall, within 14 days of service of the notice, notify the applicant and the officer of the court, in writing—(a) whether he objects to the admission of the video recording or not and, where he objects, giving his reasons why it would not be in the interests of justice for it to be admitted;(b) where he objects to its admission, whether he would agree to the admission of part of the video recording disclosed and, if so, which part; and(c) whether he wishes to be represented at any hearing of the application.(7) After the expiry of the period referred to in subrule (6), the court shall determine whether an application under this rule is to be dealt with—(a) without a hearing; or(b) where notice has been given of an objection under subrule (6) with a request to be represented at any hearing, or in any other case where the court so directs, with a hearing at which the applicant and such other party or parties as the court may direct may be represented,and, where a hearing is to be held, the officer of the court shall notify the applicant and, where necessary, the other party or parties, of the time and place of such hearing.(8) The officer of the court shall, within 3 days of the decision of the court in relation to an application under this rule, notify all the parties of it in the form prescribed in Schedule 3 and, where leave is granted, the notification shall state whether the whole or specified parts only of the video recording disclosed are to be admitted in evidence.(9) The period specified in subrule (2) may be extended by the court, before or after it expires, on an application made in writing, specifying the grounds of the application, and sent to—(a) the officer of the court; and(b) all other parties to the proceedings,and the officer of the court shall notify all the parties of the decision of the court.(10) An application for extension of time under subrule (9) shall be determined by the court without a hearing unless the court otherwise determines. Schedule 1 [r. 3(3)]Criminal Procedure Ordinance (Cap. 221) Notice of Application for Leave to UseTelevision Link under Section 79B — An application should be made within 28 days after the date of the committal for trial of the defendant, the consent to the preferment of a bill of indictment in relation to the case, the order of transfer under section 88 of the Magistrates Ordinance (Cap. 227) or the setting down of the case for trial before a magistrate. This form may also be used where an extension of time has been granted for the making of this application. — A copy of this form must be given at the same time to the other party or parties to the case. Case Details The . Court Case Number: Date of: committal for trial*: * Delete as appropriate consent to preferment ofbill of indictment*: order of transfer*: setting down of casefor trial before magistrate*: Defendant(s): State the name(s) of the defendant(s) to whom this application relates Application Name of Applicant: Name of Applicant’s Solicitor: Address of Solicitor: Reference: Charges Give brief details of those charges to which this application applies Witness—Please read the Notes beside this section before completing it. Date of Birth: If an application has been made to tender in evidence a video recording of testimony from the witness, state the date and (if known) result of that application: If the Applicant is the prosecutor enter the name of the witness (otherwise leave blank): Note:An application by the defence for evidence to be given through live television link need not disclose who that witness is except to the extent that the disclosure is required by section 65D of the Criminal Procedure Ordinance (Cap. 221) or section 75A of the District Court Ordinance (Cap. 336) (alibi) nor need it disclose the name of the person proposed to accompany the witness if this could lead to the identification of the witness. The witness will normally be accompanied by a court usher while giving evidence. If it is proposed that another person be present, give details. Grounds for applying for evidence to be given by television link: Name of the person who is proposed to accompany the witness: Occupation of this person: Relation to the witness of this person (if any): Grounds for believing this person should accompany the witness: . . Signature of applicantorapplicant’s solicitor Date Application for leave to use television link after admission of a video recording. Form Schedule 2 [r. 4(3)] Criminal Procedure Ordinance (Cap. 221) Notice of Application for Leave to Tender in Evidencea Video Recording under Section 79C — An application should be made within 28 days after the date of the committal for trial of the defendant, the consent to the preferment of a bill of indictment in relation to the case, the order of transfer under section 88 of the Magistrates Ordinance (Cap. 227) or the setting down of the case for trial before a magistrate. If made after the expiry of this period, this notice can be used but should be accompanied by a statement giving good reasons why the application was not made within it. — A copy of this form and any video recording(s) to which it relates must be sent at the same time to the other party or parties to the case. Where a defendant is unrepresented, a copy of the video recording should not be sent, but must be made available for viewing by him. Case Details The . Court Case Number: Date of: committal for trial*: * Delete as appropriate consent to preferment ofbill of indictment*: order of transfer*: setting down of casefor trial before magistrate*: Defendant(s): Application Name of Applicant: Name of Applicant’s Solicitor: Address of Solicitor: Reference: Charges Give brief details of those charges to which this application applies Witness Name: Date of Birth: Video recording(s) Statement as to circumstances in which video recording made These details need be completed only to the extent that the information is not contained in the video recording itself Date(s) of video recording(s): Time(s) of video recording(s): State times at which recording began and finished including any interruptions Location and normal function of premises where video recording made: Give address and description of premises where recording made Details of those present while recording made Include name, age and occupation of anyone present; time for which present, relationship (if any) to witness and defendant Equipment used Include number, and type of cameras (fixed or mobile), number and location of microphones, video format and whether single or multiple recording facilities used Location of mastertape State name and address of keeper of mastertape Details of copy [Note: A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary.] State when and by whom each copy accompanying this notice was made Grounds for application I confirm that— (a) I believe the witness is willing and able to attend the trial for cross-examination; (b) the details given in the statement of the circumstances in which the video recording was made above are correct; (c) copies of the video recording(s) to which this application relates have been disclosed to the other parties and their agreement to them being tendered has been sought; (d) a copy of this notice and the video recording(s) to which it relates have been served on each party to the proceedings. . . Signature of applicantorapplicant’s solicitor Date Schedule 3 [r. 4(8)] Criminal Procedure Ordinance (Cap. 221) Notice of Decision on Application to Tender in Evidencea Video Recording under Section 79C Case Details The . Court Case Number: Defendant(s): Application Name of Applicant: Name of Applicant’s Solicitor: Address of Solicitor: Reference: Date of Application: Witness’s name: Date of videotape: Result Leave to tender the video recording accompanying this application is refused on the following grounds*/granted*/granted subject to the following conditions* (state details of any editing of the recording required or of any additional material disclosed to be added) Judge/Magistrate: *Delete as applicable